Docket Entries |
Date | Type | Description | Pending? | Document |
03/05/2001 | Filing Fee | Received Filing Fee Paid on Filing. $200.00 from Joseph W. Houston, II, Inc.--check no. 13134. | | |
03/05/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. | | 01-03924 |
03/05/2001 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | | |
03/12/2001 | Settlement Notice | Issued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.) | | |
03/12/2001 | Notice of Appeal Documents | Filed Case Appeal Statement. Filed in district court on: March 9, 2001. | | 01-04419 |
03/26/2001 | Motion | Filed Motion. | | 01-05303 |
04/05/2001 | Motion | Filed Motion. Exhibit in Support of Motion. | | 01-05879 |
06/14/2001 | Motion | Filed Motion to Dismiss Appeal. | | 01-09985 |
07/31/2001 | Notice/Incoming | Filed Substitution of Attorneys. John Petter Lee in the place and stead of Joseph W. Houston. | | 01-12952 |
07/31/2001 | Motion | Filed Motion to Extend Time. Motion to Extend Time to File Response in Opposition to Motion to Dismiss Appeal. | | 01-12954 |
08/01/2001 | Order/Procedural | Filed Order. On July 31, 2001, appellant filed a Substitution of Attorneys by which he substituted the law firm of John Peter Lee, Ltd., as his attorney in place of Joseph W. Houston, II, Esq. We deny as moot the motion to withdraw as counsel of record for appellant filed by Mr. Houston on March 26, 2001. We grant appellant's motion for an extension of time until August 29, 2001, to file an opposition to respondent's motion to dismiss appeal. | | 01-13009 |
08/29/2001 | Motion | Filed Response to Motion. Opposition to Motion to Dismiss Appeal. | | 01-14612 |
09/27/2001 | Notice/Incoming | Filed Notice. Notice of Pendency of Bankruptcy. | | 01-16321 |
10/01/2001 | Settlement Program Report | Filed Interim Settlement Program Report. Appellant has filed a Voluntary Petition under Chapter 7 of the Bankruptcy Code in the District of Nevada, on September 20, 2001. | | 01-16500 |
10/10/2001 | Motion | Filed Response to Motion. Supplement to Respondent's Motion to Dismiss Appeal. | | 01-17052 |
10/22/2001 | Order/Procedural | Filed Order. We order this appeal stayed pursuant to the mandatory provisions of the federal bankruptcy law. Appellant John Earhart shall have 90 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. | | 01-17714 |
10/29/2001 | Notice/Incoming | Filed Substitution of Attorneys. Joshua M. Landish in place and stead of law firm of John Peter Lee as counsel for appellant. | | 01-18127 |
11/05/2001 | Notice/Incoming | Filed Proof of Service. Certificate of Mailing the Substitution of Attorney. | | 01-18465 |
11/09/2001 | Notice/Outgoing | Letter. Lansford W. Levitt. | | |
02/15/2002 | Motion | Filed Motion. Motion for Order Lifting Stay on Appeal; Request for Decision on Respondent's Motion to Dismiss Appeal. | | 02-03022 |
04/19/2002 | Notice/Incoming | Filed Substitution of Attorneys. John Earhart hereby substitutes Andrew S. Myers of the law firm of Myers Chambers, LLP as attorney of record for Appellant in the place and stead of Joshua Landish. | | 02-07000 |
04/23/2002 | Notice/Outgoing | Letter. Lansford W. Levitt. (Substitution of Attorney) | | |
05/06/2002 | Order/Procedural | Filed Order Denying Motion. On February 15, 2002, respondent filed a motion requesting this court to lift the automatic bankruptcy stay and requesting a decision on her June 14, 2001, motion to dismiss this appeal. Our review of the documents filed with this court indicate that the judgments appealed from neither establish nor modify an award of alimony. Therefore, it appears that the bankruptcy court does not terminate the automatic stay as to this appeal. Accordingly, we deny respondent's motion to lift the bankruptcy stay and her request to rule her June 14, 2001, motion to dismiss. Because this appeal remains on this court's active docket, appellant shall have 120 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. That report, and all subsequent reports, if any, shall inform this court whether or not the bankruptcy proceeding is continuing and, in addition, shall specifically state whether or not this appeal continues to be stayed pursuant to the automatic bankruptcy stay mandated by 11 U.S.C. | | 02-07881 |
07/11/2002 | Notice/Incoming | Filed Status Report. Notice of Status of Appellant Bankruptcy. | | 02-11909 |
08/01/2002 | Notice/Incoming | Filed Substitution of Attorneys. Respondent Carolle Middlestead substitutes herself in proper person in place of attorney Daniel Marks. | | 02-13199 |
08/07/2002 | Notice/Outgoing | Letter. Lansford W. Levitt. (Substitution of Attorney) | | |
08/26/2002 | Notice/Incoming | Filed Substitution of Attorneys. Lynn R. Shoen, Esq., in place and stead of Andrew S. Myers, Esq, as counsel for appellant. | | 02-14645 |
02/21/2003 | Order/Procedural | Filed Order. On July 11, 2002, counsel for appellant filed a notice inform this court that a Discharge of Debtor was entered by the United States Bankruptcy Court in appellant's bankruptcy proceeding and that the automatic stay was automatically terminated. This appeal may proceed. On August 1, 2002, respondent filed a Substitution of Attorneys. We elect to treat that document as a motion to withdraw as counsel of record for respondent. We approve that notice. The clerk of this court shall amend the docket of this appeal to reflect that Mr. Marks is no longer counsel of record for respondent and respondent is proceeding in proper person. Because respondent is proceeding in proper person, we remove this appeal from the settlement program. fn1[Should respondent retain new counsel to represent her in this appeal, this matter may be reassigned to the settlement program.] We defer ruling on respondent's June 14, 2001, motion to dismiss appeal pending receipt of the docketing statement from appellant. Appellant shall file the docketing statement within 20 days from the date of this order and file and serve the opening brief and appendix within 120 days. We decline to grant respondent permission to file documents in proper person at this time. This appeal may be submitted for decision upon the filing of the opening brief. (Docketing statement mailed to counsel for appellant.) | | 03-02948 |
03/12/2003 | Other | Returned Unfiled Document. | | |
03/25/2003 | Docketing Statement | Filed Docketing Statement. | | 03-05033 |
04/03/2003 | Motion | Filed Motion. Lynn R. Shoen, Esq., attorney for appellant, motion to withdraw as counsel of record. | | 03-05613 |
05/22/2003 | Order/Procedural | Filed Order. Granting Motion to Withdraw as Counsel. The clerk of this court shall amend the docket of this appeal to reflect that Ms. Shoen is no longer counsel of record for appellant. Further, we vacate that portion of our February 21, 2003, order directing appellant to file and serve an opening brief and appendix by June 23, 2003. Appellant shall have 60 days from the date of this order to retain new counsel and cause new counsel to file a notice of appearance in this court. New counsel shall comply with NRAP 9(a) by filing a transcript request form or certificate indicating that no transcripts are requested within 10 days from filing the notice of appearance, and shall file and serve the opening brief and appendix within 45 days from filing the notice of appearance. If appellant does not intend to retain new counsel to represent him in this appeal, he shall inform this court so in writing within that same period. If appellant does not retain new counsel this appeal shall proceed as a proper person appeal. | | 03-08707 |
06/03/2003 | Letter/Incoming | Filed Letter. from appellant's former attorney, Lynn Shoen, enclosing a copy of correspondence from John Earhart stating that he will be obtaining new counsel to represent him. | | 03-09253 |
07/21/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Roger P. Croteau & Associates, Ltd. | | 03-12282 |
08/04/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 12/19/00, 01/18/01, 01/19/01, 01/23/01, 02/01/01, 02/13/01, 02/22/01, 03/21/01, 09/05/01. To Court Reporter: Transcript Video Services. | | 03-13065 |
08/25/2003 | Motion | Filed Motion. Plaintiff's Motion to Allow Withdrawal of Attorney of Record and for Leave to Proceed in Proper Person. | | 03-14262 |
09/24/2003 | Order/Procedural | Filed Order Granting Motion. to Withdraw as Counsel filed August 25, 2003. The clerk of this court shall remove Mr. Croteau from the docket of this appeal as counsel for appellant. We elect to treat the request to proceed in proper person as a notice that appellant will not be retaining new counsel for this appeal. At this time we decline to grant appellant permission to file documents in proper person. See NRAP 46(b). The briefing schedule for this appeal is vacated and Transcript Video Services need not take any action on the transcript request form filed on August 4, 2003, pending further order of this court after a preliminary jurisdictional review. | | 03-15994 |
09/29/2003 | Order/Dispositional | Filed Order Dismissing Appeal. We conclude that we lack jurisdiction to consider this appeal, and " . . . we dismiss it." fn6[We deny as moot respondent's motion to dismiss this appeal, based upon the fugitive disentitlement doctrine.] NNP04S-NB/MS/MG | | 03-16193 |
10/07/2003 | Other | Returned Mail. Order filed 09/24/03 addressed to Carolle Middlestead remailed to corrected address. | | |
10/09/2003 | Other | Returned Mail. Order Dismissing Appeal filed 09/29/03 addressed to Carolle Middlestead remailed to corrected address. | | |
10/24/2003 | Remittitur | Issued Remittitur. | | 03-16379 |
10/24/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
11/10/2003 | Remittitur | Filed Remittitur. Received by County Clerk on October 27, 2003. | | 03-16379 |